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M & J LEASING v. DIR. OF DEPT. OF REV.

No. 89CA0299.

796 P.2d 28 (1990)

M & J LEASING COMPANY, Plaintiff-Appellee, v. The EXECUTIVE DIRECTOR OF the DEPARTMENT OF REVENUE OF THE STATE OF COLORADO, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied April 5, 1990.

Certiorari Denied September 4, 1990.

Attorney(s) appearing for the Case

William F. Skewes, Denver, for plaintiff-appellee.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Steven M. Bush, Asst. Atty. Gen., Denver, for defendant-appellant.

Opinion by Judge SILVERSTEIN*.

The Executive Director of the Department of Revenue appeals the summary judgments entered in favor of M & J Leasing Co. (taxpayer) which determined that the taxpayer was not liable for sales tax, interest, penalties, and penalty interest. We reverse the judgments and remand for further proceedings.

In 1984, the department issued a Notice of Deficiency to the taxpayer, which the taxpayer protested...

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